20081155 Ver 3_Stormwater Approval_20091014

NCDEE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 14, 2009
DWQ EXP # 08-1155v3
Cabarrus County
Mr. David G. McDaniel
Integra Land Company, LLC
1525 International Parkway, Suite 2001
Lake Mary, FL 32746
Subject Property: Integra Springs at Kellswater (formerly part of Kellswater Commons
Development)
APPROVAL OF STORMWATER MANAGEMENT PLAN (SMP) - Modification to BMP #1
On July 24, 2009, the Division of Water Quality (DWQ) issued a SMP APPROVAL to Mr. James
Merrifield of Merrifield Partners, LLC, to satisfy a stormwater condition in the Water Quality
Certification issued by the DWQ on August 11, 2008 to Mr. Edwin Thomas and Merrifield Partners, Inc.
On September 28 2009, the DWQ received a "Declaration of Protective Covenants and Deed
Restrictions" recorded on August 19, 2009 in Cabarrus County along with a "Change of Ownership
Form" indicating that you are the new or current owner of the portion (Drainage Zone #1) of the original
project that drains to the stormwater Best Management Practices (BMP) device #1 (SMPBMP #1).
Consequently, you are responsible for the maintenance of the said structure.
On October 8, 2009, the 401 Oversight/Express Review Permitting Unit of the DWQ received your
stormwater management plan (SMP) application dated October 6, 2009, along with supporting
information including stormwater management plan sheets dated October 6, 2009 (Engineer's Seal),
design calculations and operation and maintenance (O & M) agreement dated October 6, 2009, regarding
a modification to the SMPBMP # 1. On October 14, 2009, the DWQ received additional information
consisting of revised plans dated October 13, 2009. After careful review of the information, the DWQ
approves the requested modification (revised SMP). You are required to meet the following conditions:
1. The stormwater management system consisting of one (1) wet detention pond (BMP #1) and all
associated appurtenances, stormwater conveyances, and the grading and drainage patterns
depicted on the plans dated October 13, 2009, as approved by this office must be maintained in
perpetuity. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality. The stormwater management structures shall
have maintenance access and at least a 10-foot drainage easement on each side to allow for the
ability to maintain the structures, and to perform corrective actions. The stormwater easements
shall provide protection of the structures from potential alterations by future property owners.
2. You and future property owners must adhere to all applicable items listed in the recorded
"Declaration of Protective Covenants and Deed Restrictions" including, but not limited to, a
maximum built upon area of 70% for any development in the drainage area to the stormwater
BMP device, providing drainage easements, and maintaining the approved grading and drainage
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
No ffiCarofina
A?atura!!r?
An Equal Opportunity 1 Affirmative Action Employer
Integra Springs at Kellswater
David G. McDaniel
Page 2 of 2
October 14, 2009
pattern to ensure that runoff from impervious surfaces are directed to the BMP for treatment prior
to discharge to surface waters.
3. All operation and maintenance activities shall be followed as stipulated in the notarized O & M
agreement dated October 6, 2009, and received in our office on October 8, 2009.
4. Notification of Construction: The applicant and/or authorized agent shall contact the DWQ
Express Review Program in writing at the letterhead address within ten (10) days of the
commencement of construction.
This letter completes the review of your application by the Division of Water Quality under Section 401
of the Clean Water Act. If you have any questions, please contact Joseph Gyamfi or Lia M. Gilleski at
919-733-1786.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Program
CBK/jg
cc: File copy
USACE Asheville Regulatory Field Office
Alan Johnson, DWQ Mooresville Regional Office
Adam M. Nowocin, PE, N-Focus Design, Inc., 5405 Kellswater Bridge Boulevard, Kannapolis,
NC 28081